Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 18 -- Quashing of FIR - Kidnapping - Mother of victim filed an affidavit that both victim and accused have been married and residing happily - It would not be in fitness to continue judicial process and therefore FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Bail - Kidnapping and rape - Victim is aged about 16 years 2 months - Contention of consent does not arise - There is an allegation that accused had sexual act with force and medical evidence placed before..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Evidence of father of victim was corroborated by a contemporaneous entry in her school records maintained in ordinary course of business which is more authentic and convincing piece of evidence with regard to her age - Failure to hold ossification test to determine age of victim does..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Version of victim that she was kidnapped, raped and detained against her Will by accused in the house of one `T' proved beyond doubt - Victim also stated that she was kidnapped for one and half month and was subjected to sexual intercourse on three or four occasions - Medical evidence also supported..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Modification of sentence - Accused has no criminal antecedents - Victim was marginally below the age of consent i.e 16 years - Sentence modified to R.I for 8 years and to pay fine of Rs.25,000/- and in default to suffer R.I. for 6 months on each count respectively u/ss 366, 376 IPC - However, sentence..........
Indian Penal Code, 1860, Section 363, 376, 342, 313, 201, 506, 34 -- Kidnapping and rape - Sole testimony of prosecutrix - Prosecutrix proved to be 14 years of age at the time of incident - She stated that she was brought to the office of accused where she was locked inside by co-accused and co-accused committed rape upon her - Prosecutrix became pregnant and when she told..........
Indian Penal Code, 1860, Section 363, 366, 376AB, 302, 201, 376A, Evidence Act, 1872, Section 3 -- Protection of Children from Sexual Offences Act, Ss.5(n), 6 - Rape and Murder - Circumstantial evidences - On date of incident itself there was a spat between parents of the deceased and accused - Even, accused and deceased were seen together - Onus u/s 106 Evidence Act was..........
Indian Penal Code, 1860, Section 363, 376(2)(n), 377, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix has turned hostile and did not support prosecution version - Petitioner is in custody since 2019 - Trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Indian Penal Code, 1860, Section 363, 366, 354, 506, 342, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 354, 506, 342, 120-B IPC - No criminal force was applied on the victim to outrage her modesty and she was not forced by accused to marry her - Victim was 18 years old as per medical certificate and thus, she was major grown up girl and had..........